Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, April 10, 2012 AFTERNOON SESSION ONLY 4:00 PM - 5:30 PM FEW MEMORIAL HALLS OF RECORDS, MONTEREY, CA 93940 MONTEREY, CALIFORNIA Commissioners Present: Davis, Garden, Osorio, Stocker, Reed Commissioners Absent: McCrone, Widmar Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Principal Planner Caraker, Traffic Engineer Deal, Police Lieutenant Jackson, Interim City Attorney Davi, Recording Secretary Hanes CALL TO ORDER Chair Davis called the meeting to order at 4:01 pm. CONSENT ITEMS On a motion by Commissioner Garden, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Davis, Garden, Osorio, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: McCrone, Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. March 27, 2012 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Reconsider - 414 Alvarado Street; Major Use Permit to Operate a Bar with No Live Entertainment; Application # 11-254; Applicant Jason Coniglio; Owner Forrol Properties, California; C-2-H-1 Zoning District; Exempt from CEQA Requirements. ACTION: Adopted a Resolution approving an amendment to Use Permit Condition of Approval #3 allowing a 2:00 am closing time and corrected language in the conditions to be consistent with the reference of the business as a bar and strike the words "...and conducting live entertainment..." in condition #12. Planning Commission Minutes Tuesday, April 10, 2012 Staff Presentation/Commissioners Questions: Kim Cole presented the Agenda Report and along with Lt. Jackson and Christine Davi, answered Commissioners' questions. Applicant: Jason Coniglio, co-applicant, gave a brief description of his family history in the area and with the business that was formerly owned by his Grandfather under the name My Attic. He said that he would like to work with the City to make Alvarado a safer environment and with the help of a strict dress code and proper professional management of the establishment he hopes to create an upscale classy lounge. He also expressed concern over the limit on hours of operation that has been placed on the business indicating that 60% of bar revenue happens between 11:00 pm and 1:30 am, and the mandatory 1:00 am closing puts his business at an economic disadvantage and requested the Commission approve a 2:00 am closing time. In answer to Commissioner Garden's question, Mr. Coniglio said the only music that will be in the bar will be ambient background music with no DJ or bands and will not exceed the maximum allowable decibels. In answer to Commissioner Davis' question he said in order for a bar to close at the required time the process needs to begin at least 30 minutes prior and it is the plan of the business to have the food available during all business hours. John Cardinalli, co-applicant, gave a brief description of his family history in the area and business experience and also expressed concern that the restriction of hours on the business is putting them at an unfair disadvantage to competitors. Public Comment: Rick Johnson, Executive Director for Old Monterey Business Association (OMBA), thanked the Commission and Police Department for their efforts at making the Downtown area a safer environment and said The Attic would be a great addition to Alvarado Street. He said that he had spoken with Michelle Pierce, President of OMBA and Rene Boskoff with the Monterey Marriot and although they could not attend the meeting, they both wanted to express their support for the business. He expressed concern that if The Attic closes early, patrons of the bar will go to other establishments that are less desirable and encouraged the Commission to allow the bar to stay open until 2:00 am. Daryl Keenan said the difference between closing at 1:00 am and 2:00 am is imperative to the financial success of the business and requested the Commission allow the 2:00 am closing time with the possibility to reconsider if the bar has problems. Ryan Lama said he is excited about the concept of a clean and classy lounge atmosphere for the bar and hopes the City will team with the prospective business owners to work together at making the Downtown area a safer, cleaner environment. In answer to Commissioner Osorio's question he said he concurred with Mr. Keenan that this is a new business and should be allowed an opportunity to try the 2:00 am closing time, giving the business the full potential to succeed. Crystal Star said the bar would be a business she would patron and the 2:00 am closing time allows locals that work in industries that close late an opportunity to also patronize the business and encouraged the Commission to allow the 2:00 am closing time. Planning Commission Meeting Minutes Tuesday, April 10, 2012 2 Planning Commission Minutes Tuesday, April 10, 2012 Commission Comments: Commissioner Garden questioned staff if the language in Condition of Approval #12 indicating "...and conducting live entertainment..." was accurate. Ms Cole responded stating the language should be taken out. Commissioner Garden also requested corrections to references of the business throughout the conditions to be consistent in labeling the business as a bar and not a restaurant. Ms. Cole said the language would be corrected. Commissioner Stocker said the business plan is good and well reasoned and clarified with staff that the Use Permit is specific to the project in question. Commissioner Garden asked staff if the Alcohol and Beverage Control (ABC) Agency will approve a condition allowing a 2:00 am closing time. Ms. Cole responded stating that the ABC would consider the Planning Commission decision. Commissioner Osorio said until a policy is in place indicating the guidelines for the Downtown area, it is difficult to make a proper recommendation and expressed concern that if the Commission approves a 2:00 am closing time, the project with most likely be appealed to the City Council. Mr. Rerig suggested the Commission not make their decision based on the belief that the project will be appealed. Commissioner Reed said he wants a safe and vibrant Downtown and according the description and business plan, The Attic would be somewhere he would patronize. He said in terms of oversaturation of bars in the area, Monterey is a tourist town and it is beneficial to alcohol serving establishments for visiting tourists and the Planning Commission should make their decision based on the information provided and not the potential for what might happen. Commissioner Stocker made a motion to adopt a Resolution approving an amendment to Use Permit Condition of Approval #3 allowing a 1:30 am closing time and require a six month review of the business with the potential to allow a 2:00 am closing time. He said because there is no formal policy of the City and the establishments that are able to stay open until 2:00 am should be operating safely with good, sane business plans. Commissioner Garden seconded the motion. Ms. Cole asked the motion maker to clarify in the motion that the clerical changes requested by Commissioner Garden be added. Both Commissioner Stocker and Garden concurred. Chair Davis said he wants a safe Downtown and this project is the right business model and a new business should not have different rules and constraints. He said the closing time should be 2:00 am. Commissioner Reed suggested asking the applicant if they would accept the 1:30 am closing time, but concurred with Commissioner Davis that a 2:00 am closing time is appropriate and does not see the need for the applicant to come back to the Commission in six months for a review unless problems have been reported. Chair Davis suggested allowing the business to close at 2:00 am and require a six month review and called for a vote on the motion. Motion failed 2-3 with Commissioners Davis, Osorio and Reed voting no. Planning Commission Meeting Minutes Tuesday, April 10, 2012 3  Planning Commission Minutes Tuesday, April 10, 2012 Commissioner Reed motioned to adopt a Resolution approving an amendment to Use Permit Condition of Approval #3 allowing a 2:00 am closing time and correct language in the conditions to be consistent with the reference of the business as a bar and strike the words "...and conducting live entertainment..." in condition #12. Commissioner Davis seconded the motion. Commissioner Osorio asked the Police Department (PD) what information would be provided to the Commission if a six month review was required. Lt. Jackson responded indicating that the PD will work closely with the business owners to assure their success and would provide the Commission with any reports necessary. Ms. Cole informed the Commission that the ability to change conditions might be limited unless a serious pattern of unruly behavior is shown. Christine Davi, Interim City Attorney, also commented informing the Commission that terms of conditions cannot be changed unless there is a nuisance problem and suggested a six month review be added to the motion. Chair Davis called for a vote of the motion. On a motion by Commissioner Reed, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission adopted a Resolution approving an amendment to Use Permit Condition of Approval #3 allowing a 2:00 am closing time and corrected language in the conditions to be consistent with the reference of the business as a bar and strike the words "...and conducting live entertainment..." in condition #12.: AYES: 4 COMMISSIONERS: Davis, Garden, Osorio, Reed NOES: 1 COMMISSIONERS: Stocker ABSENT: 2 COMMISSIONERS: McCrone, Widmar ABSTAIN: 0 COMMISSIONERS: None ECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 3. Receive Informational Report on Del Monte/Washington Intersection - Citywide Transportation and Parking Study. ACTION: Received an Informational Report on the Del Monte/Washington Couplet and Del Monte/Washington intersection. Staff Presentation/Commission Questions: Elizabeth Caraker presented the Agenda Report and answered Commissioners' questions. Public Comment: None. Commission Comments: Chair Davis acknowledged receipt of the report. Planning Commission Meeting Minutes Tuesday, April 10, 2012 4  Planning Commission Minutes Tuesday, April 10, 2012 4. Receive Informational Report on Status of City Documents ACTION: Received an Information Report on the status of City documents. Staff Presentation/Commission Questions: Kim Cole presented the Agenda Report and along with Christine Davi, answered Commissioners' questions. Public Comment: William Whipple, New Monterey Neighborhood Association President, expressed concern about neighborhood plans and whether they will still be valid after staff finishes updating the City documents. Ms. Davi responded indicating that the updating should not affect the neighborhood plans. Commission Comments: Chair Davis acknowledged receipt of the report. COMMISSIONERS COMMENTS 5. Response to Commissioners’ Comments at the March 27, 2012 Meeting Report received. New Comments:  Commissioner Stocker informed the Commission that he will not be able to attend the May 8, 2012 meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update Report received and reviewed.  Ms Cole gave a brief update on the Specific Plans and Master Plans indicating that a detailed schedule will be provided to the Commission once completed. ADJOURNMENT There being no further business, the meeting adjourned at 6:30 pm. Planning Commission Meeting Minutes Tuesday, April 10, 2012 5 Planning Commission Minutes Tuesday, April 10, 2012 Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, April 10, 2012 6